The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 80 hours.

1. The main point of the grounds for appeal is that the lower court’s punishment (five years of imprisonment, and 80 hours of sexual assault treatment program) is too unreasonable.

2. Ex officio determination

A. On March 18, 2012, the summary of the facts charged reveals that the Defendant was a relative within the fourth degree of relationship with the victim by marriage within the second degree of relationship with the victim, and that on March 18, 2012, the Defendant discovered that the victim was locked in the floor of the victim at Jeju-si, at the time of new walls D, and had the victim feel sexual intercourse with the victim by causing sexual humiliation to the victim. After having pushed the victim's body behind the victim's body, the Defendant pushed the victim's body behind the victim's body, pushed the two arms. The victim continued to play in the sleep and drink the victim's body, and the other person who continues to drink with the victim's body, was frightened under the bar where the victim was suffering, and went off the victim's panty by inserting the Defendant's sexual organ into the part of the victim, and prevented from sexual intercourse with the victim by using the victim's psychological cause, etc.

B. The court below held that the above charged facts were the basis for the crime of quasi-rape in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

C. 1) Prior to the judgment on the grounds of appeal, we examine whether the victim was in the state of failing to resist at the time of committing the crime in this case. The crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape in relation to relatives) is established in the case where a person who is a relative of blood or marriage commits a crime of quasi-rape under Article 299 of the Criminal Act, and Article 299 of the Criminal Act refers to the case where psychological or physical resistance is absolutely impossible or considerably difficult due to the reason other than defect in accordance with Articles 297 and 298 of the Criminal Act (see, e.g., Supreme Court Decision 98Do3257, May 26, 2000).